That's a tough one! Writing a letter won't accomplish much as he'll just toss it with a shrug....assuming it even gets past the secretary. Will the dr put in WRITING that this shot caused all this pain, etc? Would he be willing to testify on your behalf? I know it takes a lonnnnggg time to get a med settlement, but a law suit may be the only way to get the podiatrist (sp?) attention & get words of caution to the public.

My podiatrist was not happy with me when I refused a cortizone shot. In fact, he was angry. I stood my ground for personal reasons, but after reading your situtation, I'm sure glad I did.

My chiropractor has had more training in the medical field than a lot of MD's but does not (cannot?) write prescriptions so using that has a statement of non-MD isn't 100% accurate, IMO. The same with dentists. They have to have some MD-type training or they couldn't write prescriptions.

But, back to your original question. It's a tough call! I'd probably at least talk to an atty, keeping in mind he/she will get paid whether you win a suit or not. I truly hope this recent surgery will help you greatly.

You'd have been better off had you never met this person:

Through his negligence/incompetence, he's caused you a great deal of pain over a long period of time, & he's damaged/destroyed part of your body.

& he can keep on doing it to other people if you don't take some action.

Talk to your state medical board and find out if he/she is qualified to give the type of shots he did. It is my understanding that most states are very strict on this.
I thought all podistrist were medical Dr--with extended training, but I guess that is a misconceptin.
Thank you

I had a similar situation happen to me... problem is you probably will not be able to prove that what he did was wrong or that it even contributed to more problems. Doctors just won't testify against each other and since you already had foot problems, the pain and problems may easily be explained by your pre-existing condition.

Furthermore, the surgeon could even be wrong with his opinion of what happen and what should or shouldn't have been done. You have two differents opinions so far and want to believe the second guy, but are you sure his acessement is 100% right and that he has all the facts to make his opinion? Doctors often disagree with what should have be done in retrospect, but that doesn't make the other doctor wrong or incompetent; it could really be a difference of opinion thing. Maybe the shots can cause problems but maybe they still are the norm in your type of case.

I do totally feel for you; you could always consult with an attorney and see what they say, but I wouldn't be expecting a slam dunk type lawsuit. It will be harder than you think to find someone to testify against him. Could you get the surgeon to put his opinion in writing?

Ditto Sylvia.

Carla's answer is right on. It may not be what you want to hear though. I had a series of 3 cortisone injections to relieve the pain and inflammation and they worked. I did a little internet research and apparently cortisone injections to the foot are very common. I can see that the MRI might show a weakened fascia but I doubt that it would prove that it was the cortisone that caused it.

Can you ask your surgeon or regular physican for suggestions on how you could handle this?

To clear up the titles -

A Podiatrist is not a Medical Doctor, or Physician. While they do undergo extensive training they are limited to the diagnosis and treatment of the foot, ankle and the leg below the knee. In the U.S. there are 3 medical professions - Medicine, Podiatry and Dentistry. Chiropractors are considered alternative health provider since they do not perform surgery or write prescriptions.

I worked in the medical/health field for 30 years....Cardiology, Chiropractic, Family Practice
and diagnostic Radiology.

Please understand....I am not a "sue happy" person however; more and more health providers are getting away with things because people are always told you will not win because "birds of a feather flock together"! Not a true statement...if it is a VALID case of malpractice; medical records will prove one way or the other. I say "check into it", talk with a malpractice attorney! They know all the ins & outs of litagation.

IMHO you have a legitimate case!

Please don't think that because someone is "just a podiatrist" that they are not qualified. Most M.D.s will not even treat foot problems -- they will refer you to a podiatrist.

Thanks for all of your input. It helps just to hear what you have to say. I had actually seen a second podiatrist between the first one and the surgeon who told me the cortisone shot weakened the fascia and that's why it ruptured. I think at the very least I should write a letter to the medical director to let him know what happened. The part that angers me is that the first podiatrist never talked about the dangers of the shot and totally downplayed it as if it were nothing. When I got there and he gave me the shot they pulled out blue drapes and betadine and I said whoa!!, what's all this? It took him about 20 minutes to fully inject a huge gob of cortisone into my heel. To top it all off, even though I had that problem with the first shot, the second podiatrist wanted to do another injection of cortisone in what was left of my fascia!

I personally don't think you should do anything yet. Wait a bit. Cool down. Gather as much info as you can (medical info on your condition and it's cause; AS WELL AS your legal rights). It can't hurt to speak with your lawyer about the situation, to inform yourself as to what you may and may not be able to do.

But I'd hold off on writing or contacting the first podiatrist in any way. If you do, at best, if he's as irresponsible and ill-prepared to do his job as you indicate, he'll just get a laugh over it. At worst--you could tip him off that you plan to follow through on this, AND you could create a situation that, down the road, your lawyer may have to untangle. You really don't want to be the one speaking to the podiatrist.

I'm not a sue-happy person, either. However, there is a possibility that you may have no choice. If your insurance takes the stand that the need for this surgery was caused by the other dr's carelessness, they may refuse to pay for it. In which case you may have to sue. If you are going to have pain, discomfort and future medical expenses because of this--you SHOULD sue, and he should pay. However, I'd be willing to bet that at some point, he probably handed you a paper that stated (in very small print) that this sort of thing could be the result, and you probably signed it, agreeing to accept the risk. Doesn't mean you can't sue, just that things could be a bit more complicated.

But you do need to gather all your facts before you jump into doing anything at all--that way you won't have something that has to be fixed later

While there are very competent Podiatrists, they are few and far between in my opinion. Just ask a few malpractice attornys...

DH ran 36 stores handling better ladies shoes & tells of the dozens of mutiliated feet he saw as a result of Podiatry work. And I agree with Sylvia- see an attorney. You may save others from life long pain and crippling.

There are some wonderful orthopedic doctors who specialize in body extremeties- that's who I'd want if surgery had to be done.

Hope you get relief from someone- when you're feet hurt, you hurt all over!

Suzi

I'm not sure your accusations are valid.

The fact is that many patients benefit from these cortisone
shots without suffering any ill effects.

Also, you more than likely already had a weakened fascia before you saw the first podiatrist and there's no way to know whether the fascia would have ruptured on its own or not.

And I'm not sure another MD could positively say if the shot could be definitely pinpointed as the cause of the rupture; it's simply his opinion, not fact.

The first podiatrist didn't rush into giving you a cortisone shot right off the bat. You did admit he was treating you for about a year with no success before he injected you.

I'm not saying he was blame free, but this all may be a series of circumstance. And if you did see him willingly for a year before the "pop", it seems you did have a level of trust in him. Why do you now believe this person would have knowingly done something to harm you?

Sadly no medical procedure has a guaranteed 100% success rate built in. And in fact, you can't be sure that your fascia rupture was indeed due to the cortisone shot.

I'd think long and hard before I wrote a letter accusing him of malpractice. It would be almost impossible to prove and would create ill feelings for all involved.

If I were you, I'd step away and concentrate on therapy and orthotics to get my foot better.

DO NOT write the letter or speak to the doctor (or anyone is his practice) if you are thinking of suing. It can only hurt and not help you.

I would first call the state medical board to see if anything on his record. He may have had a suspended lic., complaints, formal disiplinary action or whatever. You can even go on the internet and check out a doctor.
At best, I think you would only get a maybe. If your doctor took xrays or MRI that showed the facia in good condition prior to the podiatrist's care, you might have a case.
You do not necessarily pay an attorney regardless of the outcome. There are those that have you sign a contract where if you are awarded a sum, they get a %. It runs around 40%. That means you'd have to sue to cover the attorney's fees or include in the suit the 3/P is to pay for it.
It's just going to be difficult to prove wrongdoing when there are so many varieables. He can claim he told you how to care for yourself and you apparently didn't follow his advise. Medical Malpractice suits are difficult to say the least.
Lynn

What sue36 said... Wait it out awhile, pursue what treatment you need to get your mobility back, and then talk to an attorney before you decide one way or the other. Do NOT communicate verbally or in writing with the doctor that you may end up seeing in court. Your words can be twisted, which works against you.